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ARTICLE · 14 APRIL 2020

Troubled Debt Restructuring: Phase 3 Stimulus Bill

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On March 25, 2020, the Senate passed an amendment to H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (as amended, the "CARES Act")

United StatesCoronavirus (COVID-19)

On March 25, 2020, the Senate passed an amendment to H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (as amended, the "CARES Act"), which (as of March 26, 2020) is being considered in the House.

The complete text of the current draft of the CARES Act can be found here.

Section 4013 of the CARES Act provides that a financial institution may elect to (i) suspend requirements under U.S. Generally Accepted Accounting Principles for any loan modifications related to the Coronavirus Disease 2019 ("COVID-19") pandemic that would otherwise be categorized as a troubled debt restructuring, and (ii) suspend any determination of loans modified as a result of COVID-19 as being troubled debt restructurings. Federal banking agencies and the National Credit Union Administration must defer to a financial institution to make a suspension. Such elections may begin on March 1, 2020 and last no later than the earlier of (i) 60 days after the lifting of the COVID-19

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